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Terms of
Service

CONQUER HOSTING.COM TERMS OF SERVICE AGREEMENT AND ACCEPTABLE USE POLICY Acceptable Usage Policy (AUP) Corporate Profile It is a requirement of the Conquer Hosting.com Terms and Conditions that all users of its network or services accept and adhere to Conquer Hosting.com's Acceptable Use Policy (AUP) for Internet Access. Conquer Hosting.com may change this policy to include changes in the law or in the acceptable practice of internet use and reserves the right to make such changes without notice and whenever required. All our users are responsible for ensuring that they have read and understand the current policy. Compliance with this AUP is a contractual requirement. If you fail to observe the terms of this policy your account or service may be liable to termination or suspension. In the event that an account is suspended, Conquer Hosting.com may be prepared, at its sole discretion, to restore the account on receipt of a written statement that the user will not commit any further abuse of the service. Any charges to re-instate service will be passed on. Conquer Hosting.com's relationship with its clients, its partners and other network providers depends on responsible conduct from all users. Conquer Hosting.com will not hesitate to protect itself and other clients and networks should any form of abuse be found to be occurring. Use of networks and the internet in general: Email Web usage Abuse of Conquer Hosting.com services Use of networks and the internet in general: You must not use the service for the transmission of illegal material. The user agrees to refrain from sending or receiving any materials which may be deemed to be offensive, abusive, indecent, hard-core or paedophile pornography, defamatory, obscene, menacing or otherwise as prohibited by current and future statutes in force. The user agrees to refrain from sending or receiving any material which may be in breach of copyright (including Intellectual Property Rights), confidence, privacy or other rights. If you are in any doubt as to the legality of what you are doing, or propose to do, you should either take independent legal advice or cease that usage. You should be aware that the storage, distribution of or transmission of illegal materials may lead to investigation and possible prosecution by the relevant authorities. You must not gain or attempt to gain unauthorised access to any computer systems for any purpose. In addition to being a breach of this AUP, such action may lead to criminal prosecution under the Computer Misuse Act. You must not send data to the internet using forged addresses or data which is deliberately designed to adversely affect remote machines (including but not limited to denial of service (DDoS), worms and viruses, trojans and ping storms). You must ensure that local PCs and network connected servers are not configured to allow open relay and must not participate in the sending of unsolicited bulk email (commonly referred to as 'spam' ,'UBE','UCE' ). You are prohibited from running 'port scanning' or other software intended to probe, scan, test the vulnerability of or access remote systems or networks except in circumstances where the remote user has given express permission for this to be done. Conquer Hosting.com may ask for evidence of such permission. You may not divulge your network passwords to third parties and should take all reasonable steps to ensure that such information remains confidential. Email Sending and receiving email involves the same responsibilities and approach as would be used when sending or receiving any other form of communication - written or printed mail, fax, telephone call etc. Most users fully understand what would be considered appropriate and acceptable when communicating with others and apply these considerations to their use of email. There are occasions when some users send mail or engage in online communication that others consider unacceptable - generally regarded as abuse by the online community. If you find it difficult to determine what might be considered 'abuse' with online communication you should realise that, in general terms, anything that might be unacceptable, and possibly illegal, in other forms of communication will be equally unacceptable and possibly illegal online. You should not send emails that might cause annoyance, inconvenience or anxiety to a recipient. You should not send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing or in any way unlawful. You must not use Conquer Hosting.com mail services or network to send email to any user who does not wish to receive it. You must not use Conquer Hosting.com mail services or network to send unsolicited email, in bulk (commonly known as 'spam') or individually. You must not use Conquer Hosting.com mail services or network with intent to deprive others of service ('mail bomb'). You must not use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender. You must not use any email address that you are not authorised to use. You must ensure that any email servers connected to the Conquer Hosting.com network and operated by you are not configured to allow 'open relay'. Customers who abuse the Conquer Hosting.com email service will be notified that their behaviour is unacceptable and may have their accounts suspended, terminated or blocked. Conquer Hosting.com reserves the right to restrict or block internet traffic to or from a Customer server, without prior notification, in the event of a failure to abide by the published terms of the Acceptable Use Policy. This may include, but not exclusively, the transmission of unsolicited email or the presence of an open mail relay. If a customer account or service is suspended or blocked due to abuse, then service may be restored at Conquer Hosting.com's sole discretion and generally will only be restored on receipt of a written assurance of future compliance with this Policy and on payment of an administrative charge for restoration of service. Web usage Web usage includes the use of web space provided with client accounts, web hosting on Conquer Hosting.com servers and the use of web services and space on customer colocated servers. Conquer Hosting.com cannot and does not proactively monitor content on any web space maintained by customers (whether customer space, web hosted or colocated services) and cannot and does not guarantee that such sites are free of illegal content or other materials that may be considered unacceptable. You undertake sole responsibility for the content of web pages owned and or operated by you - whether on client pages, web hosted space or colocated servers - within the Conquer Hosting.com domain or other domains hosted within the Conquer Hosting.com network. You undertake sole responsibility to ensure that all materials on any web site owned or operated by you contains material that you have created or have permission to use. You undertake sole responsibility for any dispute involving Copyright or Intellectual Property Rights associated with your site or service. You must not use your website or web service to promote or distribute any material or content that is illegal (under any current or future legislation). You should be aware that the internet is a global communications network and what may be legal in the UK may be illegal elsewhere and leave you liable to prosecution in another country. Conquer Hosting.com may undertake investigation of content services if potential abuse is brought to its attention and reserves the right to remove any web page on our servers at any time and for any reason. Abuse of Conquer Hosting.com services - action by Conquer Hosting.com Please address all complaints about abuse of Conquer Hosting.com services to abuse@Conquer Hosting.com.net Conquer Hosting.com reserves the right to investigate suspected or potential abuse of its Acceptable Use Policy. If we become aware of possible abuse, either through our own investigations or through referral by another user or by a third party, we may begin an investigation that may include gathering information from all potential parties and materials on our servers. Conquer Hosting.com reserves the right to suspend accounts or access during such investigations and/or to remove materials from servers (on a temporary or permanent basis). All actions will be determined on an individual basis and will not be taken to form any precedent. Conquer Hosting.com customers who engage in abuse of the network and/or the internet will be notified that their behaviour is unacceptable and may have their accounts suspended or terminated if such abuse continues. If a customer account or service is suspended or blocked due to abuse, then service may be restored at Conquer Hosting.com's sole discretion and generally will only be restored on receipt of a written assurance of future compliance with this Policy and on payment of an administrative charge for restoration of service. All Conquer Hosting.com users acknowledge that Conquer Hosting.com may be required by current or future legislation to access, store, copy or otherwise Customer data stored within or transmitted by our service. By accepting this Acceptable Use Policy you expressly agree that we may access and use your personal data or other account information in connection with any such investigation and may disclose such data to any third party who has a legitimate interest in the data, investigation or outcome. Conquer Hosting.com reserves the right to terminate service, with immediate effect and without further obligation or liability to Customers, as required by any law enforcement authority or by the Courts of the United Kingdom. Regulation of Investigatory Powers Conquer Hosting.com undertakes to take action required under the provisions of the Regulation of Investigatory Powers Act and will fully cooperate with the appropriate UK authorities. Terms of Service (TOS) In these Conditions: 1.1 "Agreement" means any agreement made subject to these Conditions which shall incorporate these Conditions. 1.2 "Company" means Conquer Hosting.com 1.3 "Internet" means the global data network comprising interconnected networks using TCP/IP to which the company is connected and provides access to its Customers. 1.4'"Internal Address" means such sequence of alpha numeric or numeric only characters as are used from time to time by the Customer to identify himself and or his computer or computers to other users of other computers to which the Company is from time to time connecting or otherwise forwarding data to and from the Customer. 1.5 "Password" means the alpha numeric characters chosen and used exclusively by the Customer at his own risk for the purpose of securing and maintaining the exclusivity of his access to the Company's service. 1.6 "PDN" means the Public Data Network operated by a PTO as defined by the Telecommunications Act 1984. 1.7 "PSTN" means the Public Switched Telephone Network operated by a PTO as defined by the Telecommunications Act 1984. 1.8 "PTO" means a Public Telecommunications Operator as defined by the Telecommunications Act 1984. 1.9 "Customer" means any person or organisation with whom the Company enters into an Agreement subject to these conditions. 1.10 "Service" means the services described in the current Company literature together with such Value Added Services to be provided by the Company to the Customer but in any event the provision of data network services using TCP/IP. Representations made by the Company’s distributor will not form part of this agreement unless confirmed in writing prior to purchase of the service. 1.11 "Service Commencement Date" means the date identified as the delivery date on the company invoice to the Customer. 1.12 "Value Added Service" means the provision of a service other than simple connectivity that may be detailed in the current Company brochure. 1.13 "A Call" is defined as the connection of one or more parties via the networks or the PSTN where the ability to transmit or receive digital data or other information is made possible. This applies to one and two way traffic and includes any recorded and or automated transmissions and or the reception of data. 1.14 "Upgrade Usage Charges" means such charge for such predetermined unit of time and or volume of data together with any charges related to Value Added Services from time to time provided by the Company in each case at the rates set out or referred to in the Company’s published tariffs and or such as may be agreed in writing with between the Customer and the Company. 1-15 "User name" means such sequence of alpha numeric characters as are used from time to time by the Customer to identify himself to other users of other computers to which the Company is from time to time connecting or otherwise forwarding data to and from the Customer. 1.16 "TCP/IP" is the abbreviation for Transmission Control protocol/Internet Protocol. 1.17 "Dial-Up Usage" means use of the Service over a dial-up telephone line. 1.18 "Network Operator" means the legal entity or entities responsible for operation of a communications network. 1.19 "The Company’s Network" means the network owned and operated by The Company for the purpose of connecting The Customer to The Internet by means of fixed or dial-up connections. 1.20 "BT" British Telecommunications plc 1.21 "Call" A transmission path between an Network Termination Point and the Customers System (to a Number) passing through the Company's System over which two-way simultaneous communication may occur by means of the sending of messages. 1.22 "POTO" is the pence per minute "payment to OLO" rate payable by BT to the Company's Telecommunication provider (PTO) from time to time for the termination of a Call originated on the BT System to a Number as set out in BT’s carrier price list from time to time. 1.23 "Business Utilisation" means bandwidth for normal business use (less than 50% of full utilisation) in any 24 hour period. 1.24 "ISP" is an Internet Service Provider. 2. Acceptance of Application The Company reserves the right to refuse any application for subscription or service. 3. The Service 3.1 Subject to these Conditions the Company will: 3.2 Connect the Customer to the Company’s network Internet points and service. 3.3 Domain registrations can take 4 working days from point of payment and receipt of full details. 3.4 Web Sites hosting can take 2 weeks from point of payment until they are fully operational. 3.5 Provision of Connectivity to the Customer shall be made as soon as reasonably possible. Any date indicated by the Company as a date for connection is an estimate only and may be liable to change without prior notification to the Customer. Accordingly the Company will not be responsible for any delay in connection beyond such a date. 4. Right to change Username, Internet address and Password The Company shall have the right from time to time to change the Customers User name, internal Address and or Password allocated by the company for the purpose of essential network maintenance enhancement modernisation or other work deemed necessary to the operation of the Internet. 5. Payments 5.1 Charges for the Service shall be paid by the Customer to the Company in advance annually or quarterly unless any other payment method has been agreed in writing between the Company and the Customer or as detailed on the contract order form. 5.2 The Company reserves the right to vary from time to time all charges with one months notice to the Customer except the Internet access supply rental which will only be varied at the end of the minimum period as defined on the order form. 5.3 Any upgrade Usage Charges detailed in any published tariff and that of its appointed distributor currently in operation shall be paid by the Customer to the Company in advance covering the period to the next payment date of the original data rate supply rate and thereafter simultaneously with the original data rate supply payment. 5.4 Itemised details of excess usage and any other relevant charges may be made available to the Customer if ordered in advance and the Company reserves the right to make an additional charge for this service. 5.5 All payments shall be due to the Company net on presentation of invoice unless otherwise specified on the invoice at the Company's main office or at such other address as may from time to time be specified by the Company in writing. Invoices will be presented to the Customer on their due date, (see domain registration terms for any variances). The Company may by written notice at any time require the Customer to pay all charges by Direct Debit or BACS on the 7th day after posting of the invoice. All usage charges shall be payable in full in respect of the month in which the notice to terminate the Agreement expires. 5.6 Interest payable on demand whether before or after judgement shall accrue from day to day on overdue amounts at the rate of 2% above base rate + VAT if applicable. 6. Usage The Customer hereby agrees to: 6.1 Refrain from transferring any illegal material to or from other users of the service or the PDN and the other privately owned and operated services to which the Company may from time to time provide access. 6.2 Refrain from sending menacing, offensive, abusive or annoying messages whilst using the service via the Company or any other ISP. 6.3 Not divulge their password to any third party and use all reasonable endeavours to keep the same confidential and inaccessible to third parties. 6.4 Keep the Company informed of any change to the Customer's address as set out overleaf and other such information as may effect the payment of charges due. 6.5 Immediately cease to use and return any Internet Addresses allocated by the Company to the Customer on termination of this Agreement. 6.6 Not to announce by any means any and all Internet addresses allocated to or by the Customer as part of an Autonomous System. Customers hosting with Conquer Hosting.com who submit their site to autonomous systems agree to pay or be responsible for any direct costs that are incurred by the Company as a result. 6.7 Not to use or permit the usage of the service in an unlawful manner or in contradiction of published legislation and regulations governing the Internet. 6.8 To include the above restrictions in all the Customer’s on selling conditions using the Company’s service and not to resell a bandwidth greater than that purchased and contracted from the Company unless linked to the Internet through another provider in addition the bandwidth provided by the Company (dual homed) when the restriction will apply at the aggregated data rate. 7. Equipment 7.1 Colocated Equipment shall at all times be at the Customers risk. The Customer shall be responsible for insuring the Colocated Equipment against all risks. 7.2 Leased Equipment from the Company shall at all times remain the property of the Company. 7.3 The Customer agrees to maintain, at Customer's expense, during the entire time this Agreement is in effect Comprehensive General Liability Insurance for any Leased Equipment supplied by the Company. 8. Telecommunication 8.1 The Customer warrants to the Company on the date of this Agreement, on an ongoing basis throughout this Agreement, that it has independently verified the Retail Rates, POLOs, Transit Charges and any other applicable charges by reference to BT’s retail and carrier price list from time to time. 8.2 The Company shall be entitled to invoice the Customer, at such intervals as the company sees fit, for: 8.2.1 Private Wire Services provided under this Agreement 8.2.2 All invoices shall become due on receipt by The Customer of the POLO Statement following such invoice or on termination of this Agreement. 8.3 If less than 350,000 Call minutes per month pass over any 2Mbits/s private wire and associated switch port for any two consecutive months (commencing on the fourth or any later month of provision) then the Company may cease providing such Private Wire Services to the Customer. From the date of cessation the Customer shall not incur any additional rental charges in respect of such Private Wire Services. 8.4 Additional Numbers or Private Wire Services 8.4.1 The Company requires 21 days notice of any additional private wire services or switch ports the Customer may require. 8.4.2 The Company shall notify the Customer within a reasonable time of its prices and time-scales for providing such additional numbers, private wire services or switch ports. 9. Liability The Company shall not be liable for any loss or damage howsoever caused: 9.1 Economic loss, including loss of profits, business revenue and goodwill. 9.2 Any claim made against the Customer by another third party. 9.3 Any loss or damage to the Customer caused by or arising from any act or omission of the Customer, the Company, any PTO or Value Added Service supplier. 9.4 Any act caused as a result of force majeure or beyond the Company’s control. 10. Changes to the Service If any Network Operator shall discontinue the provision of telecommunications services to the Company or shall alter by modification, expansion, improvement, maintenance or repair of the telecommunications services or any part thereof provided to the Company or shall disconnect the Customer’s apparatus from the PSTN, PDN or Internet the Company shall be entitled to discontinue, alter, modify, expand, improve, maintain, repair, suspend, disconnect or otherwise change the Services as necessary. 11. Suspension The Service may be suspended or suspended during peak times by the Company without notice and without prejudice to the company’s Rights of Termination under Clause 11 in the event. 11.1 Failure by the Customer to make any payment to be made to the Company on its due date for payment. 11.2 If the Customer does or suffers anything to be done which jeopardises the service or any network to which it is from time to time connected. 11.3 If the Customers credit limit has been exceeded or if the Customer is otherwise in breach of these Terms and Conditions. 11.4 No such suspension shall affect the liability of the Customer to pay charges and other amounts to the Company, and without limitation, the Annual Subscription Charge will continue to accrue. During suspension the Company reserves the right to refuse to release the User’s Internet Address as issued by the company. 12. Termination This Agreement shall remain in force for a minimum period of 12 months from acceptance of Customers application being the date on which the company’s order form was signed by the Customer Termination can be effected as follows: 12.1 By the Customer, The Customer may terminate this Agreement by giving 3 months written notice, which may expire at any time after 12 months from the initial date of commencement of service. Email notification will not be accepted as notice of termination of Agreement. 12.2 By the Company. The Company may terminate this Agreement at any time and without notice if: (a) if the Customer commits any breach of this Agreement including but without limitation non-payment of the Subscription Payments. (b) by at least 1 months written notice to the Customer. 12.3 The Company reserves the right to invalidate any Customer’s User name and Internet Address issued to the Customer following termination of this Agreement. 12.4 Domain name hosting and transfer request for DNS records must be in writing with the authorised signature of the domain owner. There is no charge for the transfer, but a small charge may be made for administration. Domain name transfers will not be made until all outstanding amounts have been paid by the customer until this time domain names remain the property of the Company. 12.5 No refund of Subscription Payments will be made to the Customer upon termination of the Agreement by either the Company or the Customer. 12.6 The Customer shall at his own cost return to the Company all equipment cables and literature belonging to the Company within 5 days of final completion of the agreement and ensure that it arrives in good working order. 12.7 Without prejudice to its rights of termination at any time under Clause 12.2 the Company has the right to terminate this Agreement: The Company may suspend the provision of any services under this Agreement; and may suspend payment to the Customer. 13. Rights on termination 13.1 Termination of the Agreement shall not affect any pre-existing liability of the Customer or affect any right of the Company to recover damages or pursue any other remedy in respect of any breach by the Customer of the Agreement. 13.2 On termination of the Agreement the right to the use of the Internet IP Address allocated by the company shall revert to the Company under RIPE terms or agreement except where specific agreement has been reached in writing between the RIPE and the Customer for the transfer of the Internet Address and the fee or other payment required by the Company in connection with such transfer has been paid for by the Customer. 13.3 In the event of termination of the Agreement by the Company on account of any breach of the terms and conditions thereof by the Customer the Company shall be entitled to the balance of all Annual Subscription Payments and Call Charges which would but for such termination have accrued due up to the earliest date on which the Agreement could have been terminated by the Customer in accordance with the terms hereof. 14. Username and Internet Address The Company shall not be requested or required to release the User name Domain Name or Internet Address and may refuse to do so until this Agreement has been lawfully brought to an end and all sums due hereunder have been received by the Company, and the Customer has complied with all its obligations hereunder. Domain Names remain the property on the Company until all sums due have been received. 15. Notices 15.1 Any notices under or in connection with this Agreement shall be in writing and shall be delivered by Royal mail post to the relevant address given in the Agreement or to such address as the recipient may have notified to the other party via E-mail for that purpose. 15.2 Suspension notices for non-payment of Charges will be deemed as delivered by facsimile to the relevant facsimile number given in the Application or to such facsimile number as the Customer may have notified. 15.3 Any notice shall be duly given, if given by pre-paid first class mail, at the expiration of 48 hours after the envelope containing the same shall have been posted. In proving such service it shall be sufficient to prove that delivery was made or that the envelope containing such communication was properly addressed and posted as a pre-paid first class letter. 16. Expenses of the Company The Customer shall pay to the Company all costs and expenses (so that any legal fees shall be based on an indemnity basis) incurred by the Company in enforcing any of these Conditions, or exercising any of its other rights and remedies under the Agreement, including (without prejudice to the generality) all costs incurred in tracing the Customer in the event that legal processes cannot be enforced at the address last notified to the Company. 17. Non-Waiver The allowance of time to pay or any other indulgence by the Company in respect of payments due to it shall in no manner affect or prejudice his right to payment together with interest provided under these Conditions. 18. Invalidity If this Agreement or any part thereof shall be adjudged for any reason to be void, unenforceable or ineffective but would be adjudged to be valid effective and enforceable if part of the wording were deleted or a provision were reduced in scope this Agreement shall continue with such modifications as may be necessary to make its provisions (or if such be the case its remaining provisions) valid effective and enforceable. 19. Confidentiality Each party hereto undertakes to the other that it shall keep, and shall procure that its directors and employees shall keep secret and confidential and shall not use or disclose to any other person any information or material of a technical or business nature relating in any manner to the business, products or services of the other party which the first party may receive or obtain in connection with or incidental to performance of this Agreement, provided that: 19.1 first party shall not be prevented from using any general knowledge, experience and skills not treated by the other party as confidential or which do not properly belong to the other party and which the first party may have acquired or developed at any time during this Agreement. 19.2 The first party shall not be prevented from using the information or material referred to above to the extent such information or material comes into the public domain otherwise than through the default or negligence of the first party; 19.3 notwithstanding the above, either party shall have the right to communicate any information concerning the other party to any Government department or body or other authority established by statute or under subordinate legislation, where such information is required by law or is otherwise properly required under the PTO Licence, OFTEL regulation, or a Code of Practice or otherwise. 20 Assignment Neither party shall assign or transfer any of its rights or obligations under this Agreement save that the Company may assign to an Associated Company on notice. 21. Clause Headings Clause headings are for ease of reference and are not part of this Agreement and accordingly shall not affect its Conditions. 22. Other Printed or Standard Conditions All services are provided on the foregoing conditions which constitute the entirety of the Agreement to the exclusion of any other terms and conditions and no agreement terms and conditions contained in any document sent by the Customer to the Company shall be of any effect with respect to the Agreement unless expressly accepted by a duly authorised officer of the Company in writing The Customer acknowledges that the Customer has not relied on and shall not be entitled to rescind the Agreement or to claim damages or any other remedy on the basis of any representation, warranty, undertaking or statement which is not set out in these Conditions including any representation made by or on behalf of the Company in relation to the Service which has induced the Customer to enter into this Agreement with the Company. 23. Variation The Company reserves the right to vary these terms and conditions as a result of changes required by its insurers, operation or administration problems, new legislation, statutory instruments, Government regulations or licences. These Conditions may not otherwise be varied or waived except by express written agreement between both parties. 24. Service Level Guarantee The Company warrants that its supply of access to the Internet shall be available at a level 99.99% per year. This warranty excludes: a) Failures of local circuits between The Company's network and the Customers network. b) Failures of network / equipment not operated the Company. c) Failures of network / equipment operated by the customer. In the event of suspension of service due to a technical fault in the network or act of God, the Company will use all possible endeavour to resume service with minimum delay but will not be responsible for loss suffered by the Customer. The Company may suspend the service from time to time for necessary technical reasons and network upgrades outside the 99.7% warranty as above provided that 12 hours notice via our network status page or email has been given to the Subscriber, that the period of suspension is not more than one hour. The time a suspension may occur is usually chosen to be between 0000 hours and 0600 hours local time. 25. Law and Arbitration This agreement is subject to the laws of England under the jurisdiction of the Courts of England and any alteration to part of the agreement shall not invalidate the remainder. This agreement incorporates the provisions for arbitration if any are available under any Code of Practice issued by the Network operator under the provision of its licence.